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Protecting the Public from Itself: The Unconstitutional ‘Say No to Drug Ads’ Act

Texas A&M University School of Law; Duke University School of Law; United States Patent and Trademark Office

March 12, 2010

Washington Legal Foundation Legal Backgrounder, Vol. 25, No. 7, 2010

Abstract:

This Legal Backgrounder examines the Say No to Drug Ads Act proposed to end the tax deductibility of direct-to-consumer (DTC) prescription drug advertising. After evaluating the SNDAA's policy implications and its impact on free commercial speech, the publication concludes that the legislation would be unsound and unconstitutional if passed into law.